Eight New Jersey Muslims have filed a Federal lawsuit against the NYPD in an attempt to force the police to halt their blanket surveillance of Muslim neighborhoods and mosques. The lawsuit comes in the wake of a series of Associated Press articles about the department's controversial counterterrorism program, which is run by a former CIA agent and, critics say, violates the constitution. One of the men filing the lawsuit, Syed Farhaj Hassan, says he fought for the United States in Iraq in 2003 in order to stop Saddam Hussein's secret police. "I didn't know they had one across the Hudson," Hassan tells the AP.
The plaintiffs are being represented by the California-based legal advocacy group Muslim Advocates. "These plaintiffs are ordinary citizens going about their lives who law enforcement spied on simply because of their faith," says Farhana Khera, executive director of Muslim Advocates. "With New York officials refusing to look into the NYPD's abuses, the New Jersey Attorney General saying his hands are tied, and the U.S. Department of Justice dragging its heels, this lawsuit is the victims' last resort for justice to prevail." The lawsuit cites, among other things:
- Records show the NYPD took pictures of an elementary school for Muslim girls for grades pre-K-6.
- Records show that the NYPD lurked outside a mosque in Paterson, New Jersey, noting: "Place Mosque under observation before and during Jumma (Friday Prayers), record license plates and capture video and photographic record of those in attendance. Pay special attention to all NY State License plates."
- Records show that the NYPD eavesdropped at Muslim owned grocery stores, noting the ethnicity and outfits patrons and workers wore.
- Records also show that the NYPD extensively noted whenever a grocery store carried food products that were labeled "halal," which is akin to "kosher" for Muslims.
"The NYPD program is founded upon a false and constitutionally impermissible premise: that Muslim religious identity is a legitimate criterion for selection of law-enforcement surveillance targets," the lawsuit argues. Today's filing is the first legal challenge against the NYPD for its allegedly intrusive practices targeting American Muslims. (We've embedded it in full below.)
In a statement released by Muslim Advocates, New Jersey Congressman Rush Holt said, "America is not safer when we spend valuable law enforcement resources on investigating the innocent multitudes rather than identifying the guilty few. This lawsuit is a thoughtful, sensible step toward bringing law enforcement practices back into line with constitutional protections and the standards of good policing." The NYPD has not commented on the lawsuit, but Commissioner Ray Kelly has vigorously defended its surveillance program, citing 9/11 FEAR AL QAEDA SCARY MUSLIMS FEAR 9/11.
